sandhya (na) 21 August 2016

Rejection of plaint

Plaintiff filed suit for permanent injunction against the defendant in the 2007, plaintiff obtained temporary injunction and extended time to time upto 2012, later plaintiff adduced evidence and completed his cross also. at this juncture the defendant filed Writ petition for restoration of Suit Property, the hon'ble High Court ordered to handed over the suit property to the defendant as the defendant is original assignee, then the Defendant filed ia for rejection of plaint and in pursuance of the AP Assignment Act. so is it correct or not,

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5 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 21 August 2016

Was the plaintiff not given an opportunity to contest the writ?

And if he was didnt he notify the HC that a civil suit was already pending?

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Anil Agrawal (Retired) 23 August 2016

See the following order:

01-11-2014 FRAMING ISSUES

01-11-2014 RECORDING EVIDENCE

03-12-2014 RECORDING EVIDENCE

07-01-2015 RECORDING EVIDENCE

9-01-2015 RECORDING EVIDENCE

29-01-2015 RECORDING EVIDENCE

13-02-2015 Disposed

Uncontested--DISMISSED IN DEFAULT

Does the complainant have anyt option now for reopening the case. He did not attend court and adduce evidence on dates indicated.

Anil Agrawal (Retired) 23 August 2016

Plaintiff absent consecutively for 5-6 hearings. The court ordered recording of evidence. Finding his absence to pursue the case, the court dismissed the suit as UNCONTESTED more than 18 months ago. Can he apply for reopening of the case? It was an order of the District Court. Does Limitation Act apply for reopneing the case? Same court or High Court?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 23 August 2016

Yes he has to move before the court under an application under order 9 rule 9 of the CPC seeking restoration of the suit. However it shall be a herculean task to justify the delay.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153